Weyant Bros. v. Calvert Construction Co.

By JUDGE THOMAS S. KENNY

On April 12, 1989, the plaintiff filed a mechanic’s lien on the defendant’s property. The memorandum was in the statutory form and was in all respects proper but for the fact that the space left blank in the body of the affidavit for the amount of the claim was not filled in. The amount of the claim was properly set out in the memorandum. A suit was brought the complainant to enforce the mechanic’s lien, and the defendant filed a Motion to Dismiss based on the fact that the amount of the claim was not filled in on the affidavit.

The question before the Court is whether…